Negligent Security Claims Holding Owners Accountable for Safety
When you go into a store to shop, you probably don't think of it as a contract, but in fact, it is. Although unspoken, there is a mutual understanding between the customer and business that the premises is safe and all reasonable preventative efforts to avert harm has been done.
Of course, unforeseeable dangers do arise, but when a business fails to protect their customers from these risks once they have been discovered, they commit a type of neglect called inadequate or negligent security.
Cases of negligent security are lawsuits filed against a business proprietor because of their failure, or negligence, to provide reasonable security measures to their customers from unlawful activity.
What's considered negligent security?
An example of negligent security is if a shopper is assaulted in the parking lot of a business and is seriously injured as a result. The business was aware of this danger, as an assault has occurred before, but they took no action to prevent another assault.
In this case, the business should be held partly liable for the injuries.
No matter where you go, you can never guarantee safety. Serious injury or even death because of inadequate security can happen almost anywhere, including:
- Shopping centers/malls
- Grocery stores
- Movie theaters
- At work
Negligent security claims can also be filed against an apartment complex. However, these cases are typically more complicated, so contact a personal injury attorney as soon as possible to discuss your legal options regarding claims against landlords or property owners.
In general, businesses are not held financially liable for spontaneous crime that occurs on their property. But if the court determines that there has been a pattern of criminal behavior, or if the nature of the business makes it particularly susceptible to crime, then a legal obligation to protect customers may be imposed on the business.
Failure to comply with this obligation is negligence.
Personal injury attorneys at Gilreath & Associates were instrumental in launching a Supreme Court case (McClung v. Delta Square Limited Partnership) which established the rules to follow when proving negligent, or otherwise inadequate security.
Based on this case, the factors to be considered are:
- The number, frequency, and nature of criminal activity reported to police
- Management's acknowledgement of security shortcomings and failures
- The degree of potential harm to the patrons given the nature of the crimes
- Whether imposing security measures on management or proprietor would cause undue economic hardship
Tennessee Negligent Security Attorneys Fighting for You
We know that nothing could compensate you for the pain and suffering of a serious injury or losing a loved one, but Gilreath personal injury attorneys are the best in the state at proving fault in negligent security cases and getting victims the compensation they justly deserve.
If you believe that a business or proprietor was negligent in providing you or a loved one reasonable security from crime, contact a Tennessee negligent security lawyer at Gilreath & Associates to discuss your case today, or visit our Tennessee Personal Injury Guide for more information.